Judgment affirmed, with costs.
Memorandum:
The trial court was correct in ruling that the defendant Fournier was not evicted from part of the leased premises. (O'Brien v. Smith, 59 Hun 624, opinion in 13 N.Y.S. 408, affd. 129 N.Y. 620; Forshaw v. Hathaway, 112 Misc. 112; Kelsey v. Ward, 38 N.Y. 83; Boreel v. Lawton, 90 N.Y. 293.) The defendant Fournier having been called by the plaintiff and testified to the making of the lease...
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